2021 Legislation

The following is a brief summary of the bills POPAI is tracking for our membership.  If you have any questions or concerns about pending legislation, please contact a member of the POPAI Board.

For the current status and full text of each bill please go to: http://iga.in.gov/legislative/2021/bills/.

This page was last updated on 4-16-2021 at 9:00 a.m.

 

Senate: 

SB 63: Mental health treatment for inmates. – Permits, under certain circumstances, an offender committed to the department of correction to be held within a treatment facility operated by the department for not more than 14 days beyond the offender’s mandatory release date if: (1) the offender consents; or (2) a court has ordered the offender to be committed to a treatment setting outside the department.

  • Signed by the Governor on 4-1-21

SB 94: Pension matters.Provides that the Indiana public retirement system (INPRS) shall pay the governors’ retirement and surviving spouse pensions from the public employees’ retirement fund (PERF). (Current law makes the auditor of state responsible for the payments.) Modifies provisions related to the pension entitlement for the surviving spouse of a governor. Changes the definition of “retired participant” in the retirement medical benefits account statute. Eliminates the requirement that INPRS shall make an actuarial valuation of the assets and liabilities of the retiree health benefit trust fund at least every two years and instead requires INPRS each year to report the assets and liabilities of the retiree health benefit trust fund and make recommendations for employer contribution amounts. Provides that if an individual becomes a participant in the public employees’ defined contribution plan with respect to the individual’s service as a volunteer firefighter, the individual does not earn creditable service in the fund for service with a volunteer fire department. Provides that interest shall be credited to the account of each participant in the prosecuting attorneys’ retirement fund at least annually. Specifies the repayment conditions that apply if a participant of the judges’ retirement system or a fund member of the 1977 police officers’ and firefighters’ pension and disability fund withdraws from the respective fund and again becomes a participant or member of the respective fund at a later date. For purposes of the PERF and state teachers’ retirement fund: (1) adds survivors and beneficiaries to provisions related to recouping, stopping, or terminating benefits; (2) provides that if an overpayment occurs, the board may not require a member, survivor, or beneficiary to pay more than 25% of their monthly benefit toward the overpayment; and (3) provides that if an overpayment began before July 1, 2015 and was caused by no fault of the member, survivor, or beneficiary, the board may only require a member, survivor, or beneficiary to pay the amount of the overpayment of benefits received during the six years before the date INPRS discovers the overpayment and attempts to provide notice of the overpayment. Provides that the budget agency may transfer appropriations from federal or dedicated funds to the retiree health benefit trust fund. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)

  • Passed Senate on 1-28-21 and passed the House on 4-5-21

SB 98: Interstate compact transportation fund. – Allows a community corrections agency to access funds from the county offender transportation fund to defray the cost of transporting offenders and delinquent children as requested by a court, a probation department, a community corrections agency, or a county sheriff.

  • Signed by the Governor on 4-15-21

SB 232: Exposure risk diseases.Adds any variant of severe acute respiratory syndrome (SARS), including coronavirus disease (COVID-19), to the list of diseases considered an exposure risk disease for purposes of emergency and public safety employee death and disability presumed in the line of duty. Adds probation and community corrections officers to the list of employees eligible for a line of duty death benefit. Repeals a provision that provides a presumption of disability or death incurred in the line of duty to an employee if the employee receives a vaccine or other preventative measure as required by the employer or the employee’s physician provides written notice that the vaccine or other preventative measure would pose a significant risk to the employee’s health.

  • Passed Senate on 2-16-21 and passed the House on 4-1-21; Conference committee held meeting on 4-15-21.
  • POPAI was able to get probation officers and community corrections officers added to this bill.  However, the conference committee removed the language citing that adding us to the statute is too costly based on the amount of money currently in the fund and the revenue that is deposited.  Several members of the committee requested the issue be assigned as a summer study topic for the Interim Study Committee on Pension Management Oversight.  Our lobbyist is going to investigate whether a member may carry a resolution to that effect.

SB 255: Expungement. – Specifies that a “criminal history provider” includes certain persons who regularly publish criminal history information on the Internet, for purposes of the law requiring criminal history providers to periodically review their criminal history records for expunged convictions.

  • Signed by the Governor on 4-15-21

SB 368: Juvenile justice. – Provides for the automatic expungement of certain juvenile offenses. Prohibits a juvenile arrestee who meets certain requirements from being housed with adult inmates prior to trial, with certain exceptions. Establishes a procedure for determining juvenile competency. Provides that after a juvenile court has determined that a child is a dual status child, the juvenile court may refer the child to be assessed by a dual status assessment team under certain circumstances.

  • Passed Senate on 2-23-21 and passed the House on 4-8-21

 

House: 

HB 1001: State budget.Appropriates money for capital expenditures, the operation of the state, K-12 and higher education, the delivery of Medicaid and other services, and various other distributions and purposes. Specifies that the deadline for adjourning sine die for the 2021 session of the general assembly is November 15, 2021, and that the current deadline of April 29 remains in place for future long sessions. Provides that the regular technical session statute does not apply in calendar year 2021. Specifies the deadlines for signing enrolled acts and presenting them to the governor for bills passed after April 19, 2021, and before May 1, 2021. Specifies the following: (1) That the 2021 interim is the period beginning May 1, 2021, and ending November 15, 2021. (2) That for 2021, the prohibited period concerning fundraising activities is through April 29, 2021, rather than the date on which the general assembly adjourns sine die. (3) That the budget committee is required to meet at least once between April 30, 2021, and July 1, 2021. (Current law requires the budget committee to meet at least once in the two months following the general assembly adjournment sine die.) Provides that a redistricting commission is established to determine congressional districts if the general assembly adjourns sine die before November 15, 2021, without having enacted a law establishing congressional districts. (Current law refers to the adjournment of the general assembly without specifying an adjournment sine die or a particular date.) Provides provisions for opioid litigation and settlements, including opt out provisions for political subdivisions. Specifies distributions and uses of funds received from opioid litigation settlements that resolve existing state and political subdivision litigation lawsuits as of January 1, 2021. Establishes the Pokagon Band Tribal-state compact fund and specifies the purposes for the fund. Transfers the operations of the Indiana department of gaming research into a newly established gaming research division of the Indiana gaming commission. Repeals the exoneration fund. Removes the annual appropriation provision for the examinations fund of the state board of accounts. Establishes the Indiana career accelerator fund (fund) to be administered by the Indiana economic development corporation (IEDC). Provides that the IEDC may award financial assistance awards from the fund to assist individuals in obtaining credentials from qualified education programs. Defines “qualified education program” for purposes of an award. Repeals the Indiana regional cities development fund. Establishes the regional economic acceleration and development initiative (READI) fund to provide grants and loans to support economic development and regional economic acceleration and development. Provides that the IEDC shall administer the fund. Requires the IEDC to establish a policy for the regional economic acceleration and development initiative. Replaces the state superintendent of public instruction with the secretary of education or the secretary’s designee as a member of the distressed unit appeal board. Specifies the provisions that apply when the distressed unit appeal board suspends payments on loans or advances from the common school fund. Provides certain add backs and subtraction used in determining Indiana adjusted gross income. Changes the definition of “Internal Revenue Code” in the adjusted gross income tax law to mean the Internal Revenue Code of 1986 as amended and in effect on March 31, 2021. Makes changes to the state income tax deduction for unemployment compensation. Amends the venture capital investment tax credit to apply to taxpayers that provide qualified investment capital to certain qualified Indiana investment funds (qualified fund). Provides that the IEDC may only certify a fund as a qualified fund if the fund meets the definition of a venture capital fund under federal regulations and the fund makes investments according to specified policy requirements and priorities. Provides that a taxpayer may not claim a credit certified with regard to a qualified fund before July 1, 2023. Specifies the maximum available tax credits in a calendar year with regard to a qualified fund. Increases the maximum available tax credits in a calendar year with regard to qualified Indiana businesses under current law, including an additional increase in the maximum amount if the qualified Indiana business is a minority business enterprise or a women’s business enterprise. Caps the total amount of credits that the IEDC may award in a calendar year at $20,000,000, provided that not more than $7,500,000 is awarded for proposed investments in a qualified fund. Increases the tax credit that a taxpayer can claim for contributions made to a scholarship granting organization for state fiscal years 2022 and 2023. Provides a tax credit against adjusted gross income tax and financial institutions tax liability for monetary contributions to a qualifying foster care organization equal to 50% of the amount of the contribution, but not to exceed $10,000 for a taxable year. Defines a “qualifying foster care organization”. Caps the total amount of the tax credits allowed in any state fiscal year to $2,000,000. Sunsets the tax credit on July 1, 2025. Adds certain procedural, accounting, and reporting requirements regarding the local income tax. Increases the special purpose local income tax rate that may be imposed in a county that is a member of a regional development authority. Imposes an excise tax, known as the electronic cigarette tax, on the retail sale of vapor products and consumable material in Indiana (does not include closed system cartridges). Imposes a tax on the distribution of closed system cartridges. Extends the expiration date of the Nashville food and beverage tax. Repeals the deposit of a part of the wine excise tax rate collected on each gallon of wine in the wine grape market development fund and requires the department of state revenue to instead deposit that part of the wine excise tax in the state general fund. Provides that, beginning July 1, 2021, all aviation fuel excise tax revenue is transferred to the airport development grant fund. (Under current law, 50% of the aviation fuel excise tax revenue is transferred to the general fund and 50% is transferred to the airport development grant fund.) Removes annual budget committee review of the distribution formula established by Indiana department of transportation for the public mass transportation fund. Requires budget committee review before any money may be transferred from the local road and bridge matching grant fund. Establishes the Internet crimes against children fund to be administered by the state police department. Specifies the uses of the fund. Requires an authorized service provider to use at least 85% (instead of 75%) of the reimbursement rate increase to pay payroll tax liabilities and to increase wages and benefits paid to direct care staff. Makes a conforming change to a provision for annual transfers to the Marion County health and hospitals corporation. Provides that the office of the secretary of family and social services shall apply to the United States Department of Health and Human Services regarding a waiver to implement the mobile integrated healthcare program and to receive funding through Section 9813 of the American Rescue Plan (ARP). Requires the office of the secretary of family and social services to report on the progress in the development of a risk based managed care program for Medicaid recipients who are eligible to participate in the Medicare program and receive nursing facility services. Requires state budget committee review of a request for proposal for the procurement of a Medicaid program before the request for proposal may be issued. Specifies that the office of the secretary of family and social services may not give certain preference under the in-home early education services reimbursement program based on the county in which a child is located. Adds certain fee provisions under the state permit program for the implementation of federal regulations for the disposal of coal combustion residuals in landfills and surface impoundments contained in Senate Bill 271. Extends the expiration of the hospital assessment fee and the quality assessment fee from June 30, 2021, to June 30, 2023. Extends the expiration date for funding of certain charter schools for adults. Extends the ability of the state board of education to authorize new innovation network charter schools from June 30, 2021, to June 30, 2023. Provides that before a governing body of a school corporation may enter a public-private agreement the project plan and other information must be reviewed by the budget committee. Provides that a student who was unable to take a graduation examination during the 2020-2021 school year due to the coronavirus disease (COVID-19) may still be eligible to graduate. Increases the amount of a grant under the charter and innovation network school grant program. Specifies provisions that apply to advances under the charter school and innovation school advance program. Specifies factors in determining an eligible pupil for purposes of the ADM count. Provides that, for purposes of determining basic tuition support for a school corporation, the department of education (department) must review the daily attendance of each student to determine whether, of the instructional services that the student receives from a school corporation, at least 50% is virtual instruction. Specifies the school days for which the department must review daily attendance. Requires the department to take into consideration whether a student transferred to the school corporation during the dates that the department reviews daily attendance. Changes the eligibility requirements to receive choice scholarships. Makes changes to the amount of tuition an eligible choice scholarship student is entitled to receive to attend a choice scholarship school. Repeals provisions that provide eligibility to certain students if the student’s household income increases. Removes a provision that prevents unused money appropriated to the department of education for the advanced placement program from reverting to the state general fund. Removes all fees for a license to carry a handgun and makes conforming amendments. Requires, with exceptions, the department of child services to: (1) enter into an agreement and provide an adoption subsidy to each adoptive parent of a child with special needs who is eligible for an adoption subsidy; and (2) allocate to the adoption assistance account funds necessary to make the adoption subsidy payments. Specifies the amount of adoption subsidy payments. Provides that, in the case of an allocation area established by the redevelopment commission of a qualified city for the purpose of financing a mixed use development project, if the legislative body of the qualified city adopts a resolution to approve an independent analysis of the proposed development project that demonstrates the need for an allocation area that exceeds 25 years, the legislative body of the qualified city may adopt a resolution to renew the allocation area for an additional period of not more than 25 years. Defines “qualified city” and “mixed use development project” for purposes of these provisions. Extends the judicial and legislative branch leave conversion pilot program through June 30, 2023. Appropriates amounts for defeasing bonds. Provides that unexpended and unencumbered amounts appropriated to the legislative services agency in a state fiscal year ending before July 1, 2022, do not revert to the state general fund. Appropriates $400,000,000 from the state general fund to the pre-1996 account of the teachers’ retirement fund. Makes appropriations to the Indiana public retirement system and the treasurer of state for specified cost of living adjustments. Provides that augmentation is allowed from funds in each account created within the federal economic stimulus fund. Establishes the higher education funding task force as a 2021 interim study committee for the purpose of studying funding for higher education. Specifies the members of the task force. Requires the task force to submit and present a report to the budget committee before November 1, 2021. Urges the legislative council to assign to an appropriate interim study committee during the 2021 legislative interim the task of studying the issues of affordable housing, workforce housing, and “missing middle” housing in Indiana. Requires the department of education to prepare and submit a report to the legislative council concerning the availability of federal funding that may be used to hire school counselor for high schools, with a focus on career counseling and planning for technical or vocational training paths. Makes conforming changes.

  • Passed House on 2-22-21 and passed the Senate on 4-13-21; Going to a conference committee as the House dissented from the Senate amendments
  • Thus far, it appears that funding for community supervision will remain unchanged from previous budget years.

HB 1064: Courts and Magistrates.Adds a superior court in Hamilton County. Provides that the first judge of Hamilton superior court No. 7 shall: (1) be elected at the November 2022 general election; (2) take office January 1, 2023; and (3) serve a term of six years. Allows the judges of the Decatur circuit and superior courts to jointly appoint a magistrate to serve the Decatur County courts. Allows the judges of the Huntington circuit and superior courts to jointly appoint a magistrate to serve the Huntington County courts. Allows the judge of the Lake superior court division No. 4 to appoint a magistrate to serve the Lake superior court division No. 4. Allows the Marion County superior courts to appoint 27 full-time magistrates after December 31, 2021, not more than 14 of whom may be from the same political party. Removes the sixth circuit court in Delaware County. Provides a full-time magistrate for Hancock County.

  • Passed House on 2-9-21 and passed the Senate on 3-30-21

HB 1068: Local or regional justice reinvestment advisory councils. – Establishes a local or regional justice reinvestment advisory council (local or regional advisory council) in each county in Indiana. Provides that the purpose of a local or regional advisory council is to review local or regional criminal justice systems, policies, and procedures. Provides that the justice reinvestment advisory council shall assist local or regional advisory councils with promoting: (1) the use of evidence based practices; and (2) certain best practices of community based alternatives and recidivism reduction programs. Sets forth duties of local or regional advisory councils.

  • Signed by the Governor on 4-8-21
  • POPAI is a member of the state-wide JRAC committee and POPAI voted in support this bill through JRAC

HB 1127: Mental health and addiction forensic treatments.Removes a provision that allows a: (1) delinquent child’s; or (2) person’s; Medicaid participation to be terminated following a two year suspension due to certain adjudications or incarceration. Adds competency restoration services to the list of treatment and wraparound recovery services made available to certain persons in the criminal justice system. Adds competency restoration services to the list of services that qualify a person for mental health and addiction forensic treatment services. Adds: (1) recovery community organizations; and (2) recovery residences; certified by the division of mental health and addiction (division) or its designee to the list of organizations eligible for certain funds and grants from the division. Requires demographic data concerning race and ethnicity to be included in certain demographic research performed by the division.

  • Signed by the Governor on 4-15-21

HB 1198: Adult and juvenile court jurisdiction.Provides that a complaint, indictment, or information for child molesting shall be filed in adult criminal court if the accused person: (1) was at least 14 years of age but less than 18 years of age at the time of the offense; and (2) is at least 21 years of age at the time of filing the complaint, indictment, or information. Provides that under certain circumstances an adult criminal prosecution for child molesting must be commenced not later than one year after specified information is discovered if: (1) the accused person was less than 18 years of age at the time of the offense; and (2) the evidence was discovered before the accused person becomes 21 years of age. Provides that a court may suspend any part of a sentence for child molesting if the person: (1) was at least 14 years of age but less than 18 years of age at the time of the offense; and (2) was at least 21 years of age at the time of filing the complaint, indictment, or information. Requires a person who: (1) commits child molesting before the age of 18; and (2) who is charged as an adult after reaching the age of 21; to register as a sex offender, but permits a court to reconsider requiring the person to register at any time after the person completes court ordered sex offender treatment.

  • Passed House on 2-11-21 and passed the Senate on 3-30-21; Going to a conference committee as the House dissented from the Senate amendments

HB 1202: Sentencing. – Establishes a procedure to allows certain inmates in the department of correction (department) an additional opportunity to request sentence modification from the sentencing court if the department has recommended sentence modification. Makes conforming amendments.

  • Passed House on 2-16-21 and passed the Senate on 4-13-21; Going to a conference committee as the House dissented from the Senate amendments

HB 1256: Juvenile court jurisdiction. – Provides that a child who: (1) commits indecent display by a youth; or (2) commits dangerous possession of a firearm or provides a firearm to another child in certain circumstances; has committed a delinquent act subject to the jurisdiction of a juvenile court.

  • Passed House on 2-11-21 and passed the Senate on 3-23-21

HB 1365: Various elections matters.Defines “anomaly” and amends the definitions of “ballot label,” “de minimis change,” “electronic poll book,” and “state office”. Requires the entry of filing information concerning all candidates into the statewide voter registration system. Requires, for voting systems initially certified for marketing and use in Indiana after January 1, 2022, certain universally recognized symbols of a candidate’s legal name to be displayed. Allows the secretary of state to provide parts and reports from the voter registration system information from the computerized list to law enforcement officials conducting an investigation if certain requirements are met. Requires election certification documents to be filed only through the statewide voter registration system. Provides that the precinct judge performs the duties of a precinct election sheriff under certain circumstances. Allows the cancellation of the registration of a deceased person based on a notice published by a funeral director or embalmer on the Internet web site of the funeral director or embalmer. Describes the process by which the name of an Indiana resident who has been imprisoned for conviction of a crime in another state is removed from the voter registration list. Provides that a person is disqualified from assuming or being a candidate for an elected office if the person is a nonjudicial court employee who would violate Rule 4.6 of the Indiana Code of Judicial Conduct by being the candidate of a political party for nomination or election to an elected office or a political party office. Makes changes to the formatting of nonpartisan judicial offices on the ballot. Provides that a candidate is considered affiliated with a particular political party for purposes of determining whether the candidate is qualified to be on that party’s primary election ballot if the two most recent primary elections in which the candidate voted were primary elections held by the political party with which the candidate claims affiliation. (Under current law, only the most recent primary election that the candidate voted in must have been held by the political party with which the candidate claims affiliation.) Requires ballots to have precinct numbers or designations. Requires retention of electronic poll book information for the same retention period as other election records. Provides that ballot proofs be made available for inspection 67 days before the date of the election. Permits a county election board to authorize the use of absentee ballots by voters when a state disaster emergency is declared or a county disaster emergency is declared within 11 days of an election. Requires that an absentee ballot application requesting that an absentee ballot be sent by mail or by traveling board submitted to a county using the statewide voter registration system must include a telephone number to contact the applicant; permits the applicant to include the applicant’s electronic mail address. Provides that if an application for an absentee ballot is denied, the county election board must provide the voter in writing with the reasons for the denial of the application. (Under current law, only absent uniformed services voters or overseas voters are required to be provided with notice of denial of an absentee ballot application.) Provides that, with certain exceptions, an individual must be a citizen of the United States to be permitted in the polls during an election and authorizes the secretary of state to grant exceptions. Authorizes a voter board visiting a voter with an illness or injury or a voter who is caring for a confined person at a private residence to use an electronic poll book. Specifies the procedure when a voter leaves the clerk’s office or satellite office without casting the voter’s absentee ballot for the vote to be cast by the absentee voter board. Specifies the requirements for the timing and security of the bipartisan initialing of absentee ballots. Increases the amount of time a voter has to vote in a primary election from three minutes to five minutes and the amount of time to vote in a general, municipal, or special election from two minutes to four minutes. Adds requirements for testing of voting systems before an election. Specifies the procedure requiring the reporting of problems experienced with voting systems or electronic poll books. Adds requirements for disposing of voting system units. Requires a voting system to contain features to ensure that unauthorized software has not been installed on the equipment, and to permit the electronic adjudication of voter intent on ballots cast using the voting system. Provides that any electronic device used to create a ballot file or program a voting system, or used with election management software, may not be connected to the Internet. Requires the Voting System Technical Oversight Program to conduct random audits of voting systems and electronic poll books in odd-numbered years. Requires a precinct election officer, in the case of a voter who casts a provisional ballot, or an absentee voter board, in the case of a voter who casts an absentee ballot that is treated as a provisional ballot, to provide both orally and in writing an explanation of the steps the voter must take in order to have the voter’s ballot counted. Requires the election division to prescribe the form of the explanation. Requires the circuit court clerk to notify a voter who casts a provisional ballot not later than three days after election day concerning: (1) the reasons that the voter’s ballot is being treated as a provisional ballot; (2) what actions, if any, that the voter must take in order to have the voter’s ballot counted; (3) the deadline by which the voter must act to have the voter’s ballot counted; and (4) certain contact information that the provisional voter may use to find out about the provisional voter’s ballot. Requires that the notice must be in a form prescribed by the election division. Specifies procedures for the return of an electronic poll book or a voting system from the polls of the precinct or from the vote centers after the close of the polls on election day. Extends the deadline for filling a post-primary candidate vacancy from noon on June 30 to noon on July 3 and after July 3 in case of certain successful challenges to a candidate. Amends procedures for candidate filings to fill ballot vacancies in certain cases. Updates statutes setting schedules for upcoming elections. Repeals the current statute concerning the referral of a disputed ballot to a judge when a recount or contest has not been filed. Makes technical changes. Makes conforming amendments. Repeals obsolete provisions.

  • Passed House on 2-8-21 and passed the Senate on 3-30-21; House dissented from the Senate amendments and going to a Conference Committee

HB 1383: Judicial officers. – Provides that a person commits battery on a public safety official if the offense is committed against a retired judicial officer while the retired judicial officer is serving as a judge, and allows a retired judicial officer to carry a handgun in the same manner as a judicial officer while the retired judicial officer is serving as a judge. Adds current and former probation officers and community corrections officers to the list of persons whose residential addresses may not be disclosed on a public property database website operated by a unit.

  • Passed House on 2-22-21 and passed the Senate on 4-6-21; House concurred with the Senate amendments on 4-12-21.
  • POPAI was successful in getting the bill amended to alter IC 36-1-8.5 to include probation officers and community corrections officers in the list of individuals whose addresses are excluded from public property databases and public websites (i.e. GIS)